38-2362. Orders relating to parents.
38-2362
38-2362. Orders relating to parents.(a) When sentencing a juvenile offender, the court may order a juvenileoffender's parent to participate in counseling, mediation sessions or analcohol and drug evaluation and treatment program ordered as part of thejuvenile offender's sentence underK.S.A. 2009 Supp.38-2361, and amendmentsthereto, or to participate in parenting classes.
(1) Upon entering an order requiring a juvenile offender's parent to attendcounseling sessions or mediation, the court shall give the parent notice of theorder. The notice shall inform the parent of the parent's right to request ahearing within 10 days after entry of the order and the parent's right toemploy an attorney to represent the parent at the hearing or, if the parent isfinancially unable to employ an attorney, the parent's right to request thecourt to appoint an attorney to represent the parent.
(2) If the parent does not request a hearing within 10 days after entry ofthe order, the ordershall take effect at that time.
(3) If the parent requests a hearing, the court shall set the matter forhearing and, if requested,shall appoint an attorney to represent the parent. The expense and fees of theappointed attorney maybe allowed and assessed as provided byK.S.A. 2009 Supp.38-2306, andamendments thereto.
(b) In addition to any other orders provided for by this section, the parentof a juvenileoffender may be held responsible for the costs of sanctions or the support ofthe juvenile offenderas follows:
(1) The board of county commissioners of a county may provide by resolutionthat the parent of any juvenile offender placed under a house arrest programpursuant to subsection (a)(9) ofK.S.A. 2009 Supp.38-2361, and amendmentsthereto, shall be required to pay to the county the cost of such house arrestprogram. The board of county commissioners shall prepare a sliding financialscale based on the ability of the parent to pay for such a program.
(2) If child support has been requested and a parent has a duty to supportthe juvenileoffender, the court may order, and when custody is placed with the commissionershall order, one orboth parents to pay child support. The court shall determine, for each parentseparately, whether theparent already is subject to an order to pay support for the juvenile. If theparent currently is notordered to pay support for the juvenile and the court has personal jurisdictionover the parent, thecourt shall order the parent to pay child support in an amount determined underK.S.A. 2009 Supp.38-2319, andamendments thereto. Except for good cause shown, the court shall issue animmediate incomewithholding order pursuant to K.S.A. 23-4,105 et seq., and amendments thereto,for each parentordered to pay support under this subsection, regardless of whether a payor hasbeen identified forthe parent. A parent ordered to pay child support under this subsection shallbe notified, at thehearing or otherwise, that the child support order may be registered pursuanttoK.S.A. 2009 Supp.38-2321, andamendments thereto. The parent also shall be informed that, after registration,the incomewithholding order may be served on the parent's employer without further noticeto the parent andthe child support order may be enforced by any method allowed by law. Failureto provide this noticeshall not affect the validity of the child support order.
History: L. 2006, ch. 169, § 62; Jan. 1, 2007.